Delhi HC declines Kejriwal's request for early hearing in excise policy case, sets date for December 20

New Delhi [India], December 6 : The Delhi High Court on Friday refused to grant Arvind Kejriwal early hearing of his plea challenging the Enforcement Directorate's (ED) chargesheet in the Excise Policy case.
The former Delhi Chief Minister had sought expedited proceedings, citing the absence of a copy of the sanction. Fresh application filed stating that the ED has recently clarified its position on the matter, allowing for an early hearing.
However, the court, having reviewed the matter, directed that the case be heard on its originally scheduled date of December 20. The bench of Justice Manoj Kumar Ohri advised that any documents be exchanged by then.
Recently Delhi High Court had issued a notice on Aam Aadmi Party's Chief Arvind Kejriwal's plea challenging the trial court's decision to take cognizance of the Enforcement Directorate's chargesheet against him in the alleged excise policy scam.
The bench of Justice Manoj Kumar Ohri, however, did not grant any stay on the trial proceedings at this stage. The Court scheduled the matter for hearing on December 20, 2024 to consider arguments on both the stay application and the plea seeking the quashing of the trial court's order.
The plea argued that the trial court judge, in the impugned order, erred in taking cognizance of the offence under Section 3 of the PMLA, punishable under Section 4 of the PMLA, without obtaining prior sanction under Section 197(1) of the CrPC for the prosecution of the petitioner. This was particularly relevant as the petitioner, Arvind Kejriwal, was a public servant (the Chief Minister) at the time of the alleged offence.
On November 12, the Delhi High Court sought a response from the Enforcement Directorate (ED) regarding a plea filed by AAP leader Arvind Kejriwal, challenging the summons issued to him in connection with the agency's money laundering case related to the alleged excise scam.
Arvind Kejriwal is currently out on bail in both the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases related to the now-scrapped excise policy.
According to the Enforcement Directorate (ED), the Excise Policy was deliberately designed with loopholes to benefit AAP leaders and foster cartel formations.
The ED accused AAP leaders of receiving kickbacks from liquor businesses in exchange for preferential treatment, including discounts, license fee waivers, and relief during the Covid-19 disruptions.
The ED further alleged that the "scam" involved awarding wholesale liquor distribution rights to private entities with a fixed 12% margin, in return for a 6% kickback. Additionally, AAP leaders were accused of influencing the outcome of elections in Punjab and Goa in early 2022.